Citation Nr: 0503125
Decision Date: 02/08/05 Archive Date: 02/22/05
DOCKET NO. 03-15 503 ) DATE
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On appeal from the
Department of Veterans Affairs Regional Office in Boston,
Massachusetts
THE ISSUE
Entitlement to an increased evaluation for PTSD, currently
evaluated as 50 percent disabling.
REPRESENTATION
Appellant represented by: Vietnam Veterans of America
ATTORNEY FOR THE BOARD
M. McBrine, Counsel
INTRODUCTION
The veteran served on active duty from June 1967 to June
1970.
This matter comes before the Board of Veterans' Appeals
(Board) on appeal from a decision by the Department of
Veterans Affairs (VA) Regional Office (RO) in Boston,
Massachusetts, that continued the veteran's evaluation for
his service connected post traumatic stress disorder (PTSD)
at a 10 percent evaluation. During the course of this
appeal, a March 2003 rating decision increased the veteran's
evaluation to 50 percent, however, the veteran continues to
disagree with the level of disability assigned.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify you if
further action is required on your part.
REMAND
The Board notes that the veteran, in his substantive appeal
received in May 2003, indicated that his PTSD symptomatology
had increased, specifically that he was having problems at
work. However, the veteran reported in his most recent VA
examination, dated March 2001, that he had been enjoying his
work, and it was noted that his experiences in Vietnam had no
adverse effect on his work performance. As the veteran has
now reported an increase in his PTSD symptomatology, and as
the veteran has not had a VA examination since March 2001,
nearly five years ago, the Board finds that this claim must
be remanded for a current VA examination to assess the
present level of severity of the veteran's PTSD
symptomatology.
Further, the veteran also indicated in his substantive appeal
that he intended to resume therapy at the VA for his PTSD.
Upon remand, the RO should ensure that all treatment records
pertaining to the veteran's PTSD are obtained and associated
with the veteran's claims folder.
Accordingly, this claim is REMANDED for the following
development:
1. The veteran should be contacted and
asked to provide the names and addresses
of all health care providers who have
treated him for PTSD since 2001. The RO
should then obtain all relevant records
pertaining to the veteran to include the
VA medical facility in Brockton,
Massachusetts, from November 2001 to the
present.
2. A VA examination should be conducted
by a psychiatrist to determine the
present level of severity of the
veteran's PTSD. The claims folder should
be made available to the examiner for
review in conjunction with the
examination to the examination. All
necessary tests and studies should be
accomplished. Request the examiner
obtain a detailed occupational history
and render an opinion on the extent to
which the veteran's psychiatric disorder
affects his occupational and social
functioning. Ask the examiner to include
a Global Assessment of Functioning (GAF)
score.
3. Thereafter, the RO should re-
adjudicate the claim on appeal. If the
benefit sought is not granted, the
veteran should be furnished a
supplemental statement of the case and an
opportunity to respond. The case should
then be returned to the Board, if in
order.
The appellant has the right to submit additional evidence and
argument on the matter or matters the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See The Veterans Benefits Act of 2003, Pub. L. No. 108-183, §
707(a), (b), 117 Stat. 2651 (2003) (to be codified at 38
U.S.C. §§ 5109B, 7112).
_________________________________________________
ROBERT P. REGAN
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2004).